Decision

The Interim Director of Children, Family and Education has agreed to approve additional roof works to roof areas 2 and 3 at Joseph Paxton Campus, 157 Park Road North, Birkenhead to be carried out as a variation to the internal refurbishment contract currently being undertaken by Whitfield and Brown Developments Limited (Company Number 1060958) at an additional cost of £333,065 which includes £40,000 for provisional sums in connection with unforeseen works.

Reasons for the decision

Whitfield and Brown Developments Limited was awarded of a contract for the refurbishment of a section of Joseph Paxton Campus, for a 26-week term in accordance with the most economically advantageous tender criteria at a contract price of £ £1,179,354. by way of a of a published Officer Decision of 25 October 2025. On 15 January 2026 by way of a further published Officer Decision, additional roof works were approved at a further cost of £152, 535.

A detailed condition survey of the flat roof at Joseph Paxton Campus, 157 Park Road North, Birkenhead was undertaken in 2023 to assess the performance and integrity of the existing structure. The findings confirmed that the roof covering is in poor condition, has exceeded its serviceable lifespan, and presented a high risk of water ingress if left unaddressed. Failure to remedy these issues may result in damage to internal finishes and the building fabric, leading to increased maintenance costs and potential disruption to operations.

To minimise these risks, it is recommended that the roof replacement works proceed immediately following the planned internal refurbishment, anticipated for completion around October 2026. Co-ordinating the works in this way will help ensure the long-term performance of the building and reduce the likelihood of future water-related damage.

The decision to approve a variation to contract for the additional roofing works has been made on the basis that the contractor is already mobilised on site, has an established understanding of the existing building and constraints, and has demonstrated a high standard of workmanship, cooperation and programme management throughout the works to date. Appointing the current contractor will ensure continuity, minimise disruption to the school, avoid the inefficiencies and costs associated with procuring a new contractor, and enable the additional works to be delivered promptly and safely. The school has expressed strong satisfaction with the contractor’s performance so far, providing confidence that the additional roofing works will be completed to the required quality, within an efficient timeframe, and in the best overall value for money.

The roofing works will be funded through the School Capital Allocation.

Regulation 72 of the Public Contracts Regulations 2015 (the 2015 Regulations) permits modifications to an existing public contract without the need for a new procurement process in certain circumstances.

Regulation 72(1)(b) of the 2015 Regulations allows for additional works, services, or supplies by the original contractor that have become necessary and were not included in the initial procurement, where a change of contractor would cause significant inconvenience or substantial duplication of costs for the contracting authority provided that any increase in price does not exceed 50% of the value of the original contract.

Undertaking the additional roof replacement works as a separate project and a new procurement exercise would be likely to increase overall costs due to the duplication of site establishment, preliminaries and contractor mobilisation.

The value of the contract extension when included with the previous contract extension approved on 15 January 2026 does not exceed 50% of the original contract value when as contemplated by the published Officer Decision of 25 October 2025.

The proposals within this report are compliant with the Council’s Contract Procedure Rules and Regulation 72(1)(b) of the 2015 Regulations.

Alternative options considered

To do nothing would result in a high risk of water ingress leading to damage of refurbished areas, increased maintenance costs, and potential disruption to operations.

Undertaking the roof replacement works as a separate project at a later date would be likely to increase overall costs due to the duplication of site establishment, preliminaries and contractor mobilisation.

To procure the additional roofing works through a competitive tender process, inviting a number of suitably qualified contractors to submit detailed prices and programmes based on a clearly defined scope. This approach would allow the market to be tested, demonstrate transparency and alignment with procurement best practice, and support the achievement of value for money. However, it may result in longer lead-in periods, additional coordination requirements and increased disruption to the school.